North Devon Hospice

Deer Park Road, Barnstaple, Devon, EX32 0HU

Completed application 053580 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 04/05/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

•  

  ANNEXE 1 - MANDATORY CONDITIONS (PREMISES LICENCE ON & OFF SALES)

   

  1        There shall be no sale or supply of alcohol when there is no Designated Premises Supervisor (DPS) in respect of this premises licence or at a time when the said DPS does not hold a personal licence or when his/her licence is suspended. 

   

  2        Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
   

  3        The responsible person (as defined in s.153(4) of the Licensing Act 2003) must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises -

   

  (a)              games or other activities which require or encourage, or are designed to require or encourage, individuals to -

   

  (i)              drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)              drink as much alcohol as possible (whether within a time limit or otherwise);

   

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

   

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

   

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.

   

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
   

  4.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
   

  5.              The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
   

  6.              The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
   

  7.              The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either a holographic mark or an ultraviolet feature.
   

  8.              The responsible person must ensure that-

   

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

   

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

   

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  9.              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  10.              For the purposes of the condition 9 set out above-

   

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (b) “permitted price” is the price found by applying the formula- P = D + (D×V) where-

   

  (i) P is the permitted price,

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were

  charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c)“relevant person” means, in relation to premises in respect of which there is in force a premises licence-

   

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  11. Where the permitted price given by Paragraph (b) of Condition 10 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  12.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  Condition 10 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  
   

   

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1        Signage will be displayed on the premises, as follows:  (a) At the main entrance door, where clear signs will clarify the policy on no unaccompanied children.  This will enable the staff to enforce the local rules of the premises in a non-confrontational manner;  (b) Signage alerting that CCTV is on the premises at the main door on entry; (c) At the point of sale location, signage indicating that the Challenge 21 rule apply and proof of age will be requested by staff.
   

  2        All staff engaged in licensable activity at the premises will receive training and information in relation to the following:  (i) The Challenge 21 scheme in operation at the premises, including the forms of identification that are acceptable; (ii) The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence; (iii) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol); (iv) Recognising the signs of drunkenness; (v) The operating procedures for refusing service to any person who is drunk, underage or appears to be underage, or appears to be making a proxy purchase; (vi) Action to be taken in the event of an emergency, including reporting an incident to the emergency services.  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  3        An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details: (i) Any incidents of disorder or of a violent or anti-social nature; (ii) All crimes reported to the venue, or by the venue to the Police; (iii) All ejections of patrons; (iv) Any complaints received; (v) Seizures of drugs or offensive weapons; (vi) Any faults in the CCTV system; (vii) Any visits by a responsible authority (under the Licensing Act 2003) or emergency services.  Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.  The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  4        Clear and legible Notices shall be prominently displayed at all exits, requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.
   

  5        No customers carrying open or sealed bottles, cans or other receptacles containing alcoholic liquor, shall be admitted to the premises at any time that the premises is open to the public.
   

  6        There will be in place a written age verification policy in relation to the sale or supply of alcohol which will specify a Challenge 21 scheme proof of age requirement.  This means that staff working at the premises must ask individuals who appear to be under 21 years of age, attempting to purchase alcohol, to produce identification.  The only acceptable identification documents will be:  (i)  A photo driving licence; (ii) A passport: (iii) An identification card carrying the PASS hologram.  Unless such identification is produced, the sale of alcohol must be refused.  This policy will include documented steps taken to prevent adults from purchasing alcohol for, or on behalf of, children under 18.
   

  7        An alcohol sales’ refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused.  The register will include:  (i) The date and time of refusal; (ii) The reason for the refusal; (iii) Details of the person refusing the sale; (iv) Description of the customer; (v) Any other relevant observations.  The refusals’ register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.
   

  8        Signage to be displayed within the licensed area advising that alcohol can only be supplied to customers who are purchasing a substantial meal.
   

  9        The amount of seating for vertical drinking will be zero.  All seats are within a restaurant setting; a small ante room for customers waiting to be seated for up to 5 people is available where staff will serve a pre-meal drink, should a wait of over 20 minutes for dinner table be necessary.
   

  10    Measures will be in place to prevent the use and supply of illegal drugs, ensuring adequate staff and checking of all toilets and other areas.  Access to restricted areas of the building will also be monitored.
   

  11    Provision of CCTV in and around the premises with details of the system and suitable signs displayed.
   

  12    Measures will be in place to prevent the removal from the premises of glasses and bottles and prevention of open containers leaving the premises by vigilance of front of house staff clearing glasses before the customer leaves the table.
   

  13    The number of public that are able to dine at the venue will be limited to 45 at any one session.
   

  14    Total occupancy will be no greater than 65, including staff and other occupants of the building.
   

  15    The premises operates a no smoking policy and provides an external smoking shelter 25 metres away from any buildings, and regular checks will be made on this facility by staff.  Staff will carry out regular checks for smoking activity and advise customers appropriately.
   

  16    At least one qualified First Aider will be on the premises during the regulated activity.  Also on site is a defibrillator.  Adequate access is provided for emergency vehicles.
   

  17    When disabled people are present on the premises, adequate arrangements are in place to enable their safe evacuation in the event of an emergency, and disabled persons on the premises are made aware of those arrangements.
   

  18    The proximity of the venue to residential properties is very limited and there will be no live music played.
   

  19    The nature of the activity is only for the sale of alcohol with a meal and will be available inside the premises in the dining room and outside on the dining room balcony.  This location is sufficiently far enough away from residential properties and the other activities of the building to not cause any adverse effects.
   

  20    There will be in place, a wind downtime on the cessation of licensable activities to closure of 30 minutes.
   

  21    Last admission time, although all admission is by pre-booking, will be 60 minutes before closure.
   

  22    The vicinity to the venue is already well looked after.  Extra litter picking will be scheduled which will include the public road immediately adjacent to the venue.
   

  23    The child admission policy of the venue is for only children accompanied by an adult and are not to be left unsupervised.
   

  24    Signage is in place at the main entrance and at the point of sale that indicates that children must be supervised at all times.
   

  25    Sale of alcohol is age restricted and the Challenge 21 scheme applies with full staff training.
   

  26    The supply of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1